HomeMy WebLinkAbout06-13-05
IN RE:
RICHARD W. CLECKNER ESTATE
IN THE COURT OF COMMON PLEAS
CtlJUlERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO.
o
" ~~J
.]
"
DISCLAIMER OF INTEREST IN TRUST
UNDER WILL OF RICHARD W. CLECKNER, DECEASED
0~'
.---..,
I, MARGARET D. CLECKNER, of 1119 Country Club Road, Camp ~ll,
(.,:
Pennsylvania 17011, wife and inter alia, testamentary life-time
beneficiary of a certain Trust created under ITEM IV of the Last
Will and Testament of Richard W. Cleckner, dated June 19, 2002
(hereinafter "Trust"), do hereby, with the intention to be legally
bound, disclaim, waive and give up any and all interest and
benefits to which I may be entitled under the provisions of the
Trust under my husband's Will and in connection therewith do aver
and acknowledge the following:
1. I have been fully informed and understand that under the
terms of the Trust, I am the Co-Trustee, am entitled to all the net
income from the Trust during my lifetime, have the power to take
$5,000.00 or 5% of the principal of the Trust, whichever is
greater, annually on a non-cumulative basis, and that during my
lifetime the Co-Trustee may use principal for my support,
maintenance and medical care.
2. I am Executrix of the Estate of Richard W. Cleckner and am
fully aware of the assets in the estate.
3. I understand that the Trust is provided for as a Unified
Credit Trust for federal estate tax purposes and that after
consideration of certain lifetime gifting and~int accounts which
my husband held with our son, the Trust -will be funded with
approximately One Million, Two Hundred Thousand Dollars
($1,200,000.00) in assets from my husband's probate estate if I do
not disclaim my interest in the Trust.
v-
4. I have either consulted with an attorney prior to
executing this Disclaimer or do hereby waive my right to do so.
5. I understand that this Disclaimer is a complete and total
renunciation of my right to any distribution and any interest which
I may have in the Trust provided for under ITEM IV of my husband's
Will.
6. This Disclaimer does not apply to and shall not affect any
other provision for me under my husband's Last will and Testament
or otherwise and is limited solely to my interest in the Trust
under ITEM IV of his Will.
7. I understand that as a result of this Disclaimer and in
accordance with ITEM IV of my husband's Will, the amount which I
have disclaimed will be distributed to Richard W. Cleckner, Jr. (my
son), free of trust.
B. As of this date, the Trust has not been funded, nor have
I accepted any benefit from the Trust.
IN WITNESS WHEREOF, I have signed this DISCLAIMER, this
day of A-prl'/ , 2005.
'1/1,
~~_..~'~. ~.&L4...uu
MARG ET D. CLECKNER
1119 Country Club Road
Camp Hill, PA 17011
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this, the
~
day of
A-/lO l
, 2005, before me,
a Notary Public, the undersigned officer, personally appeared
MARGARET D. CLECKNER, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing instrument and
acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
~/1~ d. ~
Notary Public
COMMONWEALTH 01' PENNSYLVANIA
NOTARIAL SEAL
JENNY A, TOBIAS, Notary Public
City 01 HarrIsburg, Dauphin CouIllY
CommIssion Ex 'res February 15. 2d09